New Delhi: Today, on 14th March, the High Court of Delhi has granted an interim stay against notification which was restraining sale of Pharma Major Pfizer’s cough syrup ‘Corex’. Further, the Court has also directed the Government to abstain from initiating any coercive steps against the Company.
The decision was taken by the Delhi High Court’s concerned bench comprising of Justice- Rajiv Sahai Endlaw who granted such interim relief in favour of the company. Also, the bench found stating that the company has been selling the concerned Cough Syrup for the last 25 years. While taking such decision, the Court has also issued notice addressing the Health Ministry, to the effect that it should file the Status Report after taking instruction on the findings of the expert committee (which was set up by it). And on the basis of such findings the sale of over 300 drugs’ combination have been banned across the country from 10th day of March.
Moreover, the Case is as such listed by the Court for the next stage on Monday, and also Court found clarifying that “till then the effect of notification (through which the controversial Cough Syrup was banned) qua the petitioner shall remain stayed”. Actually, it was the Pharma major- Pfizer which has moved to the Court taking up its plea contending that no show cause notice or hearing was granted prior to such notification brought into effect.
It was seen that the concerned Gazette Notification was issued by the Health Ministry, for banning over 300 fixed dose combination drugs, including the concerned cough syrups compositions. And the reasons put forwarded for it, by the Ministry says that “they involve ‘risk’ to human and safe alternatives were available. Moreover, as per the Counsel appearing for Central Government- Kirtiman Singh, there are various complaints of misuse of drugs. Further, while supporting the Notification, he further stated that he will obtain instructions, and will file short affidavit stating their stand.
As per Pharma Major- Pfizer, the company have been in market for 25 years and the Cough Syrup- Corex is a prescription drug.
Adv. Faim Khalilkhan Pathan